Terms and Conditions | PropertyDuka

Welcome to PropertyDuka. These Terms and Conditions (“Terms”) govern your access to and use of the PropertyDuka platform (accessible at propertyduka.com and via the PropertyDuka mobile applications on iOS and Android). PropertyDuka is Kenya's trusted online property marketplace, operated by NCBA Leasing LLP (“PropertyDuka,” “we,” “us,” or “our”), a subsidiary of NCBA Group PLC.

PropertyDuka operates as a lead generation and listing platform connecting property buyers, sellers, landlords, tenants, and agents. PropertyDuka does not hold, process, or transmit funds between Users. All financial transactions occur directly between the relevant parties outside the platform.

PropertyDuka is part of the Duka Marketplaces Ecosystem, which also includes CarDuka, AuctionsDuka, GrowDuka, and PartnerDuka. Your PropertyDuka Account may grant you access to these other platforms under their respective Terms and Conditions. By accessing or using PropertyDuka, you agree to be bound by these Terms. If you do not agree, you must immediately cease using the platform.

1. Definitions

In these Terms and Conditions, the following words and expressions shall have the meanings assigned to them below, unless the context otherwise requires:

(a)"Account" means the registered user profile created by a User to access the platform.
(b)"Buyer" means any User who acquires, bids for, or expresses interest in acquiring property, goods, or services listed on the platform.
(c)"Consumer Protection Act" means the Consumer Protection Act, No. 46 of 2012, Laws of Kenya.
(d)"Content" means any text, images, photographs, videos, data, listings, reviews, communications, or other materials uploaded, posted, or otherwise made available by Users on the platform.
(e)"Data Protection Laws" means the Data Protection Act, 2019 (No. 24 of 2019) of Kenya, the Data Protection (General) Regulations, 2021, and any related subsidiary legislation, guidelines, or orders issued by the Office of the Data Protection Commissioner (ODPC).
(f)"EARB" means the Estate Agents Registration Board established under the Estate Agents Act (Cap 533).
(g)"Listing" means any advertisement, offer, or posting of property, goods, or services made available on the platform by a Seller or Host.
(h)"NCBA Leasing" means NCBA Leasing LLP, the subsidiary of NCBA Group PLC that owns and operates PropertyDuka and the wider Duka Marketplaces Ecosystem. All trademarks, including PropertyDuka, are registered trademarks of NCBA Leasing LLP.
(i)"Personal Data" has the meaning assigned to it under the Data Protection Act, 2019 of Kenya.
(j)"Platform" means the PropertyDuka website, mobile applications, APIs, and any other digital interface through which PropertyDuka is accessed.
(k)"Seller" means any User who lists, offers, or makes available property, goods, or services on the platform for sale, rent, lease, or auction.
(l)"Sensitive Personal Data" has the meaning assigned to it under the Data Protection Act, 2019 of Kenya, and includes data relating to race, health, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details, sex, or sexual orientation.
(m)"Transaction" means any purchase, sale, bid, offer, rental agreement, or other commercial interaction concluded directly between a Buyer and a Seller or Host as a result of a connection facilitated through the platform. For the avoidance of doubt, a Transaction occurs outside the platform and no funds are held, processed, or intermediated by PropertyDuka.
(n)"User" means any individual or entity that accesses or uses the platform, whether as a Buyer, Seller, Host, or visitor.

2. Account Registration and Eligibility

2.1 Eligibility

To create an Account, you must:

(a)be at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher;
(b)have the legal capacity to enter into a binding agreement;
(c)provide accurate, current, and complete registration information; and
(d)not have been previously suspended or removed from PropertyDuka or any Duka Marketplace for violation of these Terms.

Where a User registers on behalf of a corporate entity, partnership, or other organisation, the User represents and warrants that they have the authority to bind that entity to these Terms.

2.2 Identity Verification

All Users are required to verify their identity through PropertyDuka's verification process, which integrates with Kenya's Integrated Population Registration System (IPRS) to validate National ID numbers and registered phone numbers. This verification is a prerequisite for creating a Listing or engaging in Transactions on the platform. PropertyDuka's use of IPRS data is solely for identity verification purposes and is subject to the Data Protection Laws.

2.3 Linked Accounts Across Duka Marketplaces

PropertyDuka is part of the Duka Marketplaces Ecosystem, which also includes CarDuka, AuctionsDuka, GrowDuka, and PartnerDuka. Your Account credentials may grant you access to other Duka Marketplaces platforms using the same registration details. Your profile information, verification status, and trust ratings may be shared across these platforms to enable a seamless single sign-on (SSO) experience. Each marketplace is governed by its own Terms and Conditions.

Where PropertyDuka determines, in its reasonable discretion, that a User has materially violated these Terms, PropertyDuka reserves the right to suspend or terminate that User's Account across the entire Duka Marketplaces Ecosystem. Where such action is taken, PropertyDuka will notify the User in writing within a reasonable period, subject to any overriding legal or security obligations.

2.4 Account Security

You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to:

(a)create a strong PIN/password and not share it with any third party;
(b)immediately notify PropertyDuka of any unauthorised access to or use of your Account at hello@propertyduka.com;
(c)ensure that you log out of your Account at the end of each session, particularly when accessing the platform from shared or public devices; and
(d)accept responsibility for any losses directly arising from your failure to comply with these security obligations.

PropertyDuka reserves the right to suspend or terminate any Account that we reasonably believe has been compromised, is being used fraudulently, or is in violation of these Terms.

3. Data Protection and Privacy

3.1 Data Controller

PropertyDuka (operated by NCBA Leasing LLP, a subsidiary of NCBA Group PLC) is the Data Controller for Personal Data collected through this platform within the meaning of the Data Protection Act, 2019 of Kenya. For general queries, contact us at hello@propertyduka.com. Our Data Protection Officer can be contacted at DataProtection@ncbagroup.com.

3.2 Lawful Basis for Processing

We process your Personal Data on the following lawful bases as provided under Section 30 of the Data Protection Act, 2019:

(a)Consent — Where you have given explicit, freely given, specific, and informed consent for a specific processing purpose, such as marketing communications. Consent is obtained separately from your acceptance of these Terms and may be withdrawn at any time without affecting your access to the platform.
(b)Contract — Where processing is necessary for the performance of the contract between you and PropertyDuka, including account registration, identity verification, and providing platform services.
(c)Legal Obligation — Where processing is necessary for compliance with legal obligations, including anti-money laundering regulations, tax reporting, and regulatory filings.
(d)Legitimate Interest — Where processing is necessary for PropertyDuka's legitimate interests, such as fraud prevention, platform security, service improvement, and analytics, provided that such interests are not overridden by your fundamental rights and freedoms.

3.3 Categories of Personal Data Collected

We may collect the following categories of Personal Data:

(a)identity information (full name, date of birth, National ID number, passport number, KRA PIN);
(b)contact information (email address, phone number, physical address);
(c)device and technical information (IP address, browser type, device identifiers, cookies, app version);
(d)transaction data (listing details, enquiry records);
(e)location data (GPS coordinates, IP-based geolocation);
(f)communication data (messages exchanged through the platform, support queries, chatbot interactions); and
(g)verification data (IPRS validation records, business documentation).

PropertyDuka does not collect or hold financial transaction data (bank account numbers, M-PESA transaction records, or payment history), as all Transactions are concluded directly between Users outside the platform.

3.4 Cross-Platform Data Sharing — Separate Consent Required

As part of the Duka Marketplaces Ecosystem, certain categories of your Personal Data may be shared across other Duka Marketplace platforms. The scope of sharing is as follows:

(a)Non-negotiable sharing (necessary for platform operation): single sign-on authentication, IPRS verification status, and security/fraud flags. This sharing is necessary for the performance of our contract with you and does not require separate consent.
(b)Consent-based sharing (optional): cross-platform personalisation, trust and reputation scores, and targeted recommendations. This sharing requires your separate, explicit opt-in consent, which will be requested at account creation and can be withdrawn at any time through your Account settings.

Withdrawal of consent for optional sharing will not affect your access to PropertyDuka.

3.5 Data Subject Rights

In accordance with Section 26 of the Data Protection Act, 2019, you have the following rights:

(a)Right of Access;
(b)Right to Rectification;
(c)Right to Erasure (subject to our legal retention obligations);
(d)Right to Restrict Processing;
(e)Right to Data Portability;
(f)Right to Object; and
(g)Right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

To exercise any of these rights, please contact the PropertyDuka support team at hello@propertyduka.com or our Data Protection Officer at DataProtection@ncbagroup.com. We will respond within thirty (30) days. You also have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC).

3.6 Data Retention and Security

We retain your Personal Data only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law. As an entity within a financial services group regulated by the Central Bank of Kenya, certain records may be retained for a minimum of seven (7) years. We implement banking-grade security standards including encryption of data in transit and at rest, access controls, regular security audits, and staff training.

3.7 Cross-Border Data Transfers

In the event that your Personal Data needs to be transferred outside Kenya, we will ensure adequate safeguards are in place as required by Section 48 of the Data Protection Act, 2019. For transfers of Sensitive Personal Data outside Kenya, we will obtain your explicit consent in addition to ensuring adequate safeguards. We will maintain at least one serving copy of your data on a server or data centre located in Kenya as required by Section 50 of the Data Protection Act, 2019.

3.8 Automated Decision-Making and AI Processing

PropertyDuka uses artificial intelligence and automated systems for the following purposes: property listing recommendations, fraud detection, trust and reputation scoring, and PropertyAI responses. No fully automated decision with a legal or similarly significant effect on your access to the platform will be made without the possibility of human review. If you believe an automated decision has unfairly affected you, you may request a human review by contacting hello@propertyduka.com. PropertyDuka has conducted a Data Protection Impact Assessment (DPIA) in respect of its AI-based processing activities, as required by the Data Protection (General) Regulations, 2021.

3.9 Breach Notification and Your Right to Compensation

In the event of a Personal Data breach, PropertyDuka will notify the Office of the Data Protection Commissioner within seventy-two (72) hours of becoming aware of the breach, and will notify affected Users in writing within a reasonably practical period where the breach poses a high risk to their rights and freedoms. In accordance with the Data Protection Act, 2019, you have the right to claim compensation for financial loss and distress suffered as a result of a breach of Data Protection Laws by PropertyDuka. To make a claim, contact hello@propertyduka.com or DataProtection@ncbagroup.com. This right is without prejudice to your right to lodge a complaint with the ODPC.

3.10 Cookies and Tracking Technologies

The platform uses cookies and similar tracking technologies to enhance your experience, analyse usage patterns, and deliver personalised content and AI-powered recommendations. Non-essential cookies require your separate consent, which is requested via the platform's cookie consent tool. You may manage your cookie preferences through your browser, app settings, or the platform's cookie preference centre at any time.

4. Your Consumer Rights

4.1 Rights Under the Consumer Protection Act, 2012

These Terms do not limit any rights you have under the Consumer Protection Act, No. 46 of 2012. In particular:

(a)Right to accurate information: PropertyDuka will not make false or misleading representations about the platform or its services.
(b)Right to a fair agreement: PropertyDuka will not impose terms that are unconscionable, excessively one-sided, or that place unfair burdens on you as a consumer.
(c)Right to cancel: As this is an internet agreement within the meaning of the CPA, you have the right to cancel your Account registration within seven (7) days of acceptance of these Terms by providing written notice to hello@propertyduka.com, provided you have not commenced a Transaction during this period. Any paid subscription or listing fee paid within the cooling-off period will be refunded within fourteen (14) days of your cancellation notice.
(d)Right to redress: If you suffer loss as a result of an unfair practice by PropertyDuka, you may seek redress through the Competition Authority of Kenya (CAK), the courts of Kenya, or through PropertyDuka's internal complaints process as set out in Section 9.

4.2 Amendments to Terms

PropertyDuka reserves the right to amend these Terms at any time. For material changes — including any change to fees, data processing, liability, or dispute resolution — we will provide at least thirty (30) days' written notice via the platform and to the email address associated with your Account. Material changes will require your affirmative acceptance before they take effect on your Account. If you do not accept the amended Terms, you may terminate your Account before the effective date of the change. For non-material changes (such as typographical corrections or clarifications), PropertyDuka will provide notice via the platform and continued use will constitute acceptance.

5. User Conduct and Prohibited Activities

5.1 General Conduct

Users agree to use PropertyDuka lawfully, ethically, and in good faith. You shall not use the platform in any manner that could damage, disable, overburden, or impair its operation or interfere with any other User's use and enjoyment of the platform.

5.2 Prohibited Activities

The following activities are strictly prohibited:

(a)Fraud and Misrepresentation — Posting false, misleading, or deceptive Listings or Content; misrepresenting the condition, ownership, or characteristics of any property or item; providing false verification documents; misrepresenting agent licensing status.
(b)Illegal Activity — Using the platform to facilitate any activity that violates the laws of Kenya or any applicable jurisdiction, including money laundering, terrorism financing, tax evasion, and trafficking in prohibited goods.
(c)Intellectual Property Infringement — Using another party's trademarks, copyrighted material, or proprietary information without authorisation; reproducing PropertyDuka platform content without permission.
(d)Spam and Abuse — Sending unsolicited commercial communications; posting repetitive or irrelevant Content; manipulating search results, rankings, or AI recommendation algorithms.
(e)Circumvention — Attempting to bypass security measures, identity verification, access controls, or other protective mechanisms; using automated tools (bots, scrapers) to extract data without authorisation.
(f)Harassment and Discrimination — Engaging in abusive, threatening, discriminatory, or harassing behaviour towards other Users or staff; posting listings that discriminate on the basis of race, ethnicity, gender, religion, disability, or any other protected characteristic under the Constitution of Kenya.
(g)Off-Platform Solicitation — Actively soliciting Users to conduct Transactions through channels that circumvent the platform's listing and enquiry framework, where such solicitation is designed to defraud the other party or evade the platform's user protection mechanisms.
(h)Shill Activities — Placing bids on one's own items, using secondary accounts to manipulate pricing or reviews, or colluding with other Users to distort marketplace dynamics.

5.3 Enforcement

PropertyDuka reserves the right, at its sole discretion, to investigate, warn, suspend, or permanently terminate the Account of any User who violates these Terms. We may remove or disable access to any Content or Listing that breaches these Terms, report illegal activity to relevant law enforcement authorities, and pursue legal remedies as appropriate. Enforcement action may apply across the entire Duka Marketplaces Ecosystem as set out in Section 2.3.

Where a Listing is removed following a third-party complaint, PropertyDuka will notify the affected Seller and provide an opportunity to respond within five (5) business days before the removal is made permanent, except where removal is required immediately for legal or security reasons.

6. Intellectual Property

6.1 Our Intellectual Property

All intellectual property in PropertyDuka, including platform software, website design, logos, trademarks, trade dress, text, graphics, AI algorithms, and underlying technology, is the exclusive property of NCBA Leasing LLP and/or NCBA Group PLC or their licensors and is protected under the laws of Kenya and international intellectual property conventions. No part of the platform may be reproduced, distributed, modified, reverse-engineered, or commercially exploited without prior written consent.

6.2 User Content Licence

By posting Content on PropertyDuka, you grant us a non-exclusive, Kenya-wide, royalty-free licence to use, reproduce, display, and distribute such Content solely for the purposes of:

(a)displaying your Listing to Users on the PropertyDuka platform;
(b)enabling platform search and discovery features; and
(c)operating and maintaining the platform's technical infrastructure.

This licence does not extend to use of your Content in external marketing, promotional materials for NCBA Group entities, or derivative commercial works beyond the purposes listed above. This licence terminates when you remove your Content from the platform or close your Account, subject to reasonable archival and cached copy retention periods.

6.3 Takedown Procedure

If you believe that any Content on the platform infringes your intellectual property rights, please submit a written notice to hello@propertyduka.com including:

(a)identification of the work claimed to be infringed;
(b)identification of the allegedly infringing Content;
(c)your contact information;
(d)a statement of good faith belief that the use is unauthorised; and
(e)a declaration that the information is accurate.

PropertyDuka will acknowledge valid takedown notices within three (3) business days and will remove or disable access to the infringing Content within a reasonable period.

7. Fees, Payments and Taxes

7.1 Platform Fees

PropertyDuka may charge fees for the use of certain services, including but not limited to listing fees, subscription fees, premium placement fees, and value-added services. The applicable fee schedule is published on the platform. PropertyDuka will provide at least thirty (30) days' written notice before introducing any new fees or increasing existing fees. Existing paid subscriptions will be protected at the agreed rate for the duration of their current paid term.

7.2 Payment Methods

Platform fees may be paid through approved payment channels, including M-PESA and other mobile money platforms, bank transfers, credit and debit card payments, NCBA banking products, and such other methods as may be made available from time to time.

7.3 Taxes

Users are solely responsible for determining and fulfilling their tax obligations arising from Transactions, including Value Added Tax (VAT), income tax, withholding tax, Capital Gains Tax, stamp duty, and any other applicable levies. PropertyDuka may be required to collect and remit certain taxes on behalf of Users in accordance with the Tax Procedures Act, 2015 and Kenya Revenue Authority directives. PropertyDuka will notify Users of any such collection obligations before they take effect.

8. Limitation of Liability

8.1 Role of PropertyDuka

PropertyDuka operates as a lead generation platform and intermediary. PropertyDuka connects property sellers, landlords, agents, developers, and suppliers with buyers and tenants. PropertyDuka does not hold funds, is not a party to Transactions between Buyers and Sellers, and does not guarantee the quality, safety, legality, or availability of any property, goods, or services listed on the platform. PropertyDuka is not an estate agent, broker, conveyancer, property manager, financial intermediary, or lender.

8.2 Disclaimer of Warranties

The platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PropertyDuka does not warrant that the platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

8.3 Limitation of Liability

To the maximum extent permitted by the laws of Kenya (including the Consumer Protection Act, 2012), PropertyDuka's total aggregate liability arising out of or in connection with these Terms or your use of the platform shall not exceed the total fees paid by you to PropertyDuka in the twelve (12) months preceding the event giving rise to the claim, or KES 10,000 where no fees have been paid. In no event shall PropertyDuka be liable for any indirect, incidental, special, consequential, or punitive damages. Nothing in these Terms excludes liability for fraud, gross negligence, or any liability that cannot be excluded under applicable Kenyan law, including the Consumer Protection Act, 2012.

8.4 Mutual Indemnification

You agree to indemnify, defend, and hold harmless PropertyDuka (NCBA Leasing LLP), their directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses directly arising from:

(a)your own breach of these Terms;
(b)your fraudulent or wilful misconduct;
(c)your violation of any third party's rights; or
(d)any Content you post on the platform that is false or misleading.

This indemnity does not apply to claims arising from PropertyDuka's own negligence or wilful misconduct. PropertyDuka agrees to defend and hold harmless Users from and against any third-party claims directly arising from a breach by PropertyDuka of its obligations under these Terms, including a breach of the Data Protection Laws or Consumer Protection Act, up to the liability cap in Section 8.3.

9. Dispute Resolution

9.1 Between Users

Disputes arising between Users in connection with a Transaction shall be resolved in the first instance between the relevant parties. PropertyDuka may, at its discretion, offer mediation support but is under no obligation to do so. PropertyDuka will make reasonable efforts to assist Users in accessing information relevant to their dispute (such as listing records and communication logs) where a formal complaint has been lodged.

9.2 Between Users and PropertyDuka — Tiered Process

Any dispute arising out of or in connection with these Terms or the use of the platform shall be resolved as follows:

(a)Step 1 — Internal Complaints: Submit a complaint to hello@propertyduka.com. PropertyDuka will acknowledge within two (2) business days and provide a substantive response within fourteen (14) business days.
(b)Step 2 — Negotiation: If unresolved after the internal complaints process, the parties shall attempt good faith negotiation within thirty (30) days of written notice.
(c)Step 3 — Mediation: If negotiation fails, the parties shall submit the dispute to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules.
(d)Step 4 — Arbitration or Court: If mediation fails, commercial disputes shall be referred to arbitration under the NCIA Arbitration Rules (seat: Nairobi, Kenya; language: English). Individual consumer disputes where the amount in dispute does not exceed KES 1,000,000 may, at the User's election, be brought before the Small Claims Court in Kenya instead of arbitration.

Nothing in this Section prevents any party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction. The right to access the courts is not limited by these Terms to the extent required by the Consumer Protection Act, 2012.

9.3 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

10. Scope of PropertyDuka Services

10.1 Search and Discovery Modes

PropertyDuka supports the following property search and discovery modes:

(a)Buy — properties available for purchase;
(b)Rent — properties available for rental;
(c)Auction — properties for competitive bidding, cross-listed with AuctionsDuka where applicable; and
(d)Build A Home — resources, guides, and connections for home construction.

10.2 Core Services and Features

PropertyDuka provides the following services:

(a)Properties for Sale — residential, commercial, and land;
(b)Properties for Rent — residential and commercial;
(c)Properties on Auction — cross-listed with AuctionsDuka;
(d)Short-Let and Holiday Rentals — independently listed by hosts;
(e)Build Your Dream Home — resources and financing referrals;
(f)Building Materials — marketplace for verified suppliers;
(g)Household Goods — furniture and household items marketplace;
(h)Neighbourhood Guides — curated content across Kenya;
(i)Mortgage Calculator — indicative repayment estimates;
(j)PropertyAI — AI-powered property assistant;
(k)List Your Property — seller and landlord onboarding;
(l)Find an Agent — EARB-verified agent directory; and
(m)Featured Properties — promoted Listings (not endorsements).

11. Property Listings

11.1 Listing Requirements

Sellers, landlords, and agents must provide:

(a)property type, size, and location;
(b)bedrooms, bathrooms, and amenities;
(c)ownership status and title details;
(d)asking price or rental amount in KES;
(e)clear, current photographs;
(f)all material encumbrances, caveats, litigation, or restrictions affecting the property;
(g)relevant approvals (county government, NCA where applicable);
(h)for rentals: lease terms, deposit amount and refund conditions, and restrictions; and
(i)contact details.

Listings that are sold, rented, or no longer available must be updated or removed within five (5) business days of the relevant event.

11.2 Agent Listings

Licensed agents must:

(a)hold a valid current licence from the Estate Agents Registration Board (EARB) and a valid annual practising certificate;
(b)hold a written agency agreement with the property owner before listing;
(c)clearly disclose their agent status and EARB licence number on all Listings; and
(d)comply with the Estate Agents Act (Cap 533) and EARB Codes of Conduct.

PropertyDuka will conduct verification of EARB registration status at the point of agent account approval and will conduct periodic re-verification. Agent listings are subject to removal if EARB registration lapses or is revoked. The EARB verification constitutes a platform eligibility check and does not relieve the agent of their personal obligation to maintain valid licensure. PropertyDuka's verification does not constitute an endorsement of the agent or their services.

11.3 Developer and Off-Plan Listings

Developers must:

(a)hold all necessary NCA and county approvals before listing;
(b)indicate expected completion date, current construction stage, and update this information regularly;
(c)provide architectural plans or renders;
(d)prominently disclose construction delay risks and any history of project delays;
(e)comply with all applicable regulations including the NCA Act; and
(f)where a property is being marketed to NCBA finance customers, provide all documentation required by NCBA Bank.

Buyers of off-plan properties are strongly advised to: engage a qualified advocate for independent legal advice; require a performance bond or deposit escrow arrangement from the developer; and verify the developer's NCA registration and compliance record independently.

11.4 Building Materials and Household Goods

Suppliers must:

(a)provide accurate descriptions and pricing;
(b)ensure KEBS compliance for all listed products;
(c)honour stated prices and delivery timelines; and
(d)disclose warranty and return terms.

PropertyDuka is not a party to supplier-buyer sales and holds no liability for product quality, delivery, or after-sales obligations.

11.5 Short-Let and Holiday Rental Listings

Short-let and holiday rental properties are independently listed by hosts. Hosts must:

(a)hold a valid county business permit authorising short-term rental activity at the listed property;
(b)confirm in writing that the property's title, lease, or occupancy agreement permits short-term letting and that no leasehold restrictions prohibit subletting;
(c)comply with Tourism Regulatory Authority (TRA) registration requirements where applicable;
(d)ensure the property holds valid fire safety and habitation certificates;
(e)provide accurate descriptions, availability, rates, cleaning fees, and house rules; and
(f)honour confirmed bookings.

PropertyDuka reserves the right to require hosts to produce documentary evidence of permit compliance before publishing or maintaining a short-let Listing.

11.6 Prohibited Listings

The following Listings are prohibited:

(a)properties with disputed ownership or undisclosed litigation;
(b)illegally acquired land;
(c)non-existent or materially misrepresented properties;
(d)listings that discriminate based on race, ethnicity, gender, religion, disability, or any other protected characteristic;
(e)sub-standard building materials that do not meet KEBS standards;
(f)developer listings without valid NCA approval; and
(g)any listing contravening Kenyan law.

12. Property Transactions

12.1 Role of PropertyDuka

PropertyDuka facilitates connections between property sellers, landlords, agents, developers, suppliers, and buyers or tenants as a lead generation platform. PropertyDuka does not hold funds, is not a party to any sale, rental, or lease agreement, and does not act as an estate agent, broker, conveyancer, property manager, financial intermediary, or lender.

12.2 Buyer and Tenant Responsibilities

Buyers and tenants are solely responsible for:

(a)independent due diligence and physical inspection of any property before transacting;
(b)conducting a title search at the relevant Land Registry;
(c)engaging a qualified advocate for conveyancing;
(d)verifying zoning and planning compliance with the relevant county;
(e)confirming all terms directly with the seller or agent;
(f)obtaining property insurance; and
(g)for off-plan purchases, independently verifying the developer's NCA registration, financial standing, and project status.

12.3 Seller and Landlord Responsibilities

Sellers and landlords are solely responsible for:

(a)ensuring clear legal title before listing;
(b)providing accurate Listing information and disclosing all material facts;
(c)complying with their tax obligations in respect of the Transaction;
(d)facilitating inspections;
(e)for landlords: complying with the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap 301) for commercial tenancies; observing lawful eviction procedures; and providing tenants with adequate notice as required by law (ordinarily not less than one (1) month for rent increases and three (3) months for termination where no fixed term exists); and
(f)updating or removing Listings when a property is no longer available within five (5) business days.

The Rent Restriction Act (Cap 296) applies only to residential properties with a monthly rent not exceeding KES 2,500. The majority of properties listed on PropertyDuka will fall outside its scope. Landlords should seek independent legal advice regarding the applicable tenancy legislation for their property.

12.4 Security Deposits

PropertyDuka does not hold, process, or manage security deposits. The collection, holding, and refund of security deposits is a matter solely between landlords and tenants and must be governed by a written tenancy agreement. PropertyDuka recommends that all rental Transactions are underpinned by a written tenancy agreement clearly specifying the deposit amount, the conditions for deduction, and the timeline for refund upon termination. Nothing in these Terms creates any obligation on PropertyDuka in respect of deposit disputes.

13. Financial Services Hub

13.1 Referral Channel Only

PropertyDuka's Financial Services Hub provides a referral channel to financial products and services offered by the following NCBA Group entities: NCBA Bank Kenya PLC (mortgage financing, home improvement loans, personal loans, and construction financing); NCBA Bancassurance (all insurance products); and NCBA Leasing LLP (solar financing and leasing products). PropertyDuka is not a licensed financial institution, credit broker, mortgage broker, insurance intermediary, or lessor under Kenyan law. By using the Financial Services Hub or clicking through to any financial product:

(a)You acknowledge that you are being referred to a separately regulated financial institution and that any financial product application, agreement, or contract is made directly with that institution, not with PropertyDuka.
(b)You acknowledge that approval for any financial product is at the sole discretion of the relevant licensed institution and is subject to that institution's own terms, conditions, and credit assessment criteria.
(c)You acknowledge that PropertyDuka may receive a referral fee from the relevant NCBA Group entity in respect of successful referrals. This does not affect the independence of that entity's credit assessment.

13.2 Available Products

The following referral products may be available through the hub (subject to provider approval):

(a)Own Your Dream Home — up to 105% property financing, up to 25 years (provided by NCBA Bank Kenya PLC);
(b)Build Your Dream Home — NCA-certified construction financing (provided by NCBA Bank Kenya PLC);
(c)Upgrade Your Home — home improvement financing up to KES 10,000,000 (provided by NCBA Bank Kenya PLC);
(d)Home Insurance — comprehensive coverage from KES 5,000/year (provided by NCBA Bancassurance);
(e)Personal Loan — unsecured personal loans (provided by NCBA Bank Kenya PLC);
(f)Solar Lease — solar financing and leasing products with no installation fees (provided by NCBA Leasing LLP); and
(g)NCBA Bank Account — no monthly fees.

13.3 Mortgage Calculator and Affordability Assessment

The Mortgage Calculator and “See What I Can Afford” tool generate indicative estimates based on inputs provided by the User. These outputs:

(a)do not constitute a mortgage offer, pre-approval, credit commitment, or financial recommendation;
(b)are not a substitute for independent financial advice;
(c)do not account for all factors relevant to your individual financial position; and
(d)are provided for information purposes only.

Users should seek independent financial advice before making any property purchase or financing decision. PropertyDuka accepts no liability for reliance on the outputs of these tools.

14. NCBA Verified Seller Badge

14.1 What Is the NCBA Verified Seller Badge?

The NCBA Verified Seller Badge is a visual trust indicator displayed on select seller and agent profiles on PropertyDuka. It means the seller or agent has been screened through NCBA's internal due diligence process and approved to feature on NCBA's panel, from whom property buyers may access NCBA home financing products. It also confirms that the seller's or agent's business is registered.

14.2 What the Badge Means for Buyers

The NCBA Verified Seller Badge matters for two key reasons:

(a)Easier access to NCBA financing — because the seller is already on NCBA's approved panel, this can simplify and speed up your home financing application when purchasing from a verified seller; and
(b)A safer marketplace — the badge contributes to a more trustworthy environment by confirming that the seller has passed NCBA's due diligence screening.

14.3 What the Badge Does Not Guarantee

The NCBA Verified Seller Badge is not a guarantee of the condition, legal title, ownership, or pricing of any property listed by the seller. While NCBA has verified the seller's profile and business registration:

(a)neither NCBA nor PropertyDuka acts as an intermediary in the actual property transaction;
(b)PropertyDuka does not independently verify the physical condition, legal title, or accuracy of individual listing details, regardless of whether the seller holds the badge; and
(c)badge status may change if the seller's eligibility changes, and PropertyDuka does not warrant that any badge displayed reflects the seller's current status at the time you view a listing.

14.4 Your Responsibilities When Buying from a Verified Seller

Regardless of whether a seller carries the NCBA Verified Seller Badge, you must always:

(a)conduct a title search at the relevant Land Registry to confirm ownership and check for encumbrances, caveats, or charges;
(b)physically inspect the property — do not rely on photographs or virtual tours alone;
(c)engage a qualified advocate to advise on the transaction and handle conveyancing;
(d)verify zoning and planning compliance with the relevant county government;
(e)confirm all terms directly with the seller or agent before signing any agreement; and
(f)for off-plan properties, independently verify the developer's NCA registration, financial standing, and completion track record.

The Verified Seller Badge confirms that the seller has been screened by NCBA. The purchase decision and all aspects of the transaction remain between you and the seller.

14.5 Changes to Badge Status

NCBA periodically reviews its panel of approved sellers and agents. If a seller or agent no longer meets NCBA's due diligence requirements, their Verified Seller Badge may be revoked. PropertyDuka will update the platform to remove the badge upon receiving notification from NCBA. PropertyDuka is not liable for any reliance placed on a badge that was valid at the time of display but subsequently revoked.

15. Build a Home

The Build A Home section provides resources, tools, and connections for home construction. PropertyDuka does not act as a contractor, architect, or construction manager. All construction engagements are between the User and the relevant service provider. Users are solely responsible for ensuring that all construction activity complies with NCA requirements, county building permits, and applicable regulations.

16. PropertyAI

PropertyAI is an AI-powered conversational assistant designed to assist Users with property search, listing discovery, and general platform guidance. Users should be aware that:

(a)PropertyAI provides informational guidance only. It does not constitute legal, financial, tax, conveyancing, or professional property advice.
(b)PropertyAI outputs do not constitute a recommendation within the meaning of the Capital Markets Act, any financial advisory framework, or the Estate Agents Act (Cap 533).
(c)AI-generated responses are based on available data and algorithms and may not account for all relevant factors or recent market developments.
(d)PropertyDuka does not warrant the accuracy, completeness, or reliability of PropertyAI outputs.
(e)Users should independently verify any information provided by PropertyAI before making any property, financial, or legal decision.

17. Property Valuation Information

Indicative valuations, price trends, and market analysis displayed on the platform are for informational purposes only and do not constitute professional valuations under the Valuers Act (Cap 532). PropertyDuka does not employ registered valuers, and platform valuation data is not a substitute for a formal appraisal by a registered valuer. Users should engage a registered valuer for any formal property valuation required for financing, insurance, or legal purposes.

18. Partners

PropertyDuka works with third-party partners, including financial institutions, real estate agencies, and service providers, who may be featured on the platform from time to time. Partner involvement and any featured or promoted placement on the platform does not constitute PropertyDuka's endorsement of any partner, their services, or any listed property. All partner relationships are governed by separate agreements between PropertyDuka and the relevant partner. PropertyDuka is not liable for any acts or omissions of third-party partners.

19. General Provisions

19.1 Severability

If any provision of these Terms is held invalid or unenforceable by a court or competent authority, the remaining provisions continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

19.2 Entire Agreement

These Terms and Conditions, together with the Privacy Policy, Cookie Policy, and any other policies expressly referenced herein, constitute the entire agreement between you and PropertyDuka regarding your use of the platform. They supersede all prior discussions, representations, or agreements.

19.3 Waiver

No failure or delay by PropertyDuka in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any breach does not constitute a waiver of any subsequent breach.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent. PropertyDuka may assign its rights and obligations to any affiliate or successor entity within the NCBA Group, provided that your rights under these Terms are not diminished by such assignment.

19.5 Force Majeure

PropertyDuka shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including natural disasters, pandemics, government actions, cyber attacks, or failures of third-party service providers. In any force majeure event that affects User Listings or Accounts, PropertyDuka will:

(a)notify affected Users within a reasonable period;
(b)restore affected services and data as a matter of priority; and
(c)extend the duration of any paid subscription by the period of disruption.

19.6 Notices

All notices from PropertyDuka to Users may be delivered electronically through the platform or by email to the address associated with your Account. All notices from Users to PropertyDuka must be in writing and sent to hello@propertyduka.com or by registered post to the address in Section 21.

19.7 Accessibility and Non-Discrimination

PropertyDuka is committed to providing an accessible and non-discriminatory platform. PropertyDuka's algorithms and recommendation systems are designed to provide equal visibility to compliant listings regardless of the ethnicity, gender, religion, or other protected characteristics of the listing party. If you believe you have been subject to discriminatory treatment on the platform, please contact hello@propertyduka.com.

20. PropertyDuka-Specific Disclaimers

In addition to the disclaimers above, Users acknowledge and agree that:

(a)PropertyDuka does not verify the physical condition, legal status, or title of any property listed on the platform.
(b)Photographs, descriptions, measurements, and specifications are provided solely by the listing party and have not been independently verified by PropertyDuka.
(c)Maps and location pins displayed on the platform are approximate and may not reflect exact property boundaries.
(d)Mortgage calculator and affordability tool outputs are indicative only and do not constitute a financial commitment or advice.
(e)Financial Services Hub products are subject to approval by the relevant licensed provider and their terms and conditions.
(f)PropertyAI outputs are AI-generated and may contain errors or omissions.
(g)Featured Properties and Property of the Week placements are promotional and paid features. They do not constitute PropertyDuka's endorsement of the property, the listing party, or the Transaction.
(h)PropertyDuka does not guarantee the EARB licensing status of agents beyond the verification conducted at account approval. Users should independently verify an agent's current registration with EARB before engaging them.

21. Contact and Complaints

General Support	hello@propertyduka.com
Data Protection Officer	DataProtection@ncbagroup.com
Complaints	hello@propertyduka.com (Subject: Complaint)
Registered Office	NCBA Leasing LLP, c/o NCBA Group PLC, NCBA Centre, Mara Road, Upper Hill, P.O. Box 44599-00100, Nairobi, Kenya
ODPC (Data Complaints)	www.odpc.go.ke
CAK (Consumer Complaints)	www.cak.go.ke